The Greek asylum in the first half of 2021: The asylum procedure in numbers
The Greek asylum in the first half of 2021: The asylum procedure in numbers
This note summarises and analyses key statistics on the functioning of the Greek asylum procedure during the first half of 2021, based on figures provided by the Ministry of Migration and Asylum in response to parliamentary questions.
- The first instance recognition rate stood at 63%, marking a minor increase on 2020 (60%). The second instance recognition rate remains particularly low (8.2%), albeit slightly higher compared to 2020 (5.2%).
- 30% of pending asylum applications concern nationals of Afghanistan. Many will be subject to an admissibility procedure based on the Joint Ministerial Decision designating Turkey as a “safe third country”.
- Out of a total of 32,325 first instance decisions, only 3,931 were issued in the fast-track border procedure on the islands.
- Out of 915 inadmissibility decisions issued in the fast-track border procedure, 453 asylum claims were dismissed as inadmissible based on the “safe third country” concept, of which 428 concerning Syrian nationals. Only 17 Syrians received refugee status in the fast-track border procedure.
- A total of 1,121 appeals have been rejected due to failure on the part of the appellant to appear in person or to submit a residence certificate before the Appeals Committees.
Registration of asylum applications
Out of a total of 8,859 pre-registrations of asylum applications in the first half of the year, 3,377 were carried out by the Hellenic Police and 2,540 by the Reception and Identification Service (RIS), while the Asylum Service pre-registered 2,942 applications through its Skype service.
The number of pending asylum applications at first instance stood at 46,247 at the end of June 2021. Of those, 71% have been pending for more than a year from the date of full registration (“lodging”). Furthermore, 13,864 applications (30% of the total) concern Afghan nationals and many will be processed pursuant to the recent Joint Ministerial Decision (JMD) designating Turkey as a “safe third country”. A nationality breakdown of pending applications is available below:
In 26,599 cases, i.e. 58% of the total number of pending claims at the end of June 2021, the personal interview of the applicant had not yet been conducted:
Asylum decisions
The Asylum Service issued 32,325 first instance decisions on asylum applications during the first half of the year. Of those, only 3,391 were issued in the context of the fast-track border procedure set out in Article 90(3) of the International Protection Act (IPA), with the remainder issued under the regular procedure. The figures demonstrate a substantial shrinking of the volume of cases processed under the fast-track border procedure compared to previous years. This is partly due to the sharp drop in arrivals on the islands. It should be noted, however, that only 1,433 applications were exempted from the fast-track border procedure and referred to the regular procedure during this period, thereby marking a significant decrease compared to previous years.[1] Moreover, asylum seekers referred to the regular procedure are no longer exempt from the application of the “safe third country” concept.
The Asylum Service granted refugee status in 6,991 cases and subsidiary protection in 2,825 cases, while rejecting 5,785 applications on the merits. The numbers indicate a first instance recognition rate of 63% and an increase on 2020 (60%).
At the same time, the Asylum Service dismissed 3,836 applications as inadmissible on grounds such as the application of the Dublin Regulation, subsequent claims without new elements, or the application of the “safe third country” concept.
Furthermore, out of 915 inadmissibility decisions issued at first instance in the fast-track border procedure on the islands, 453 concerned the “safe third country” concept (428 to Syrians, 19 to Afghans, 4 to Somalis and 1 to Palestinians).[2] However, following the adoption of JMD 42799/2021 on the designation of Turkey as a “safe third country” in June 2021, this inadmissibility ground is also applied in the regular procedure and throughout the Greek territory.
At second instance, the Appeals Committees issued 6,953 rejection and inadmissibility decisions out of a total of 7,575 decisions in the first half of 2021. The Committees granted refugee status in 320 cases and subsidiary protection in 302 cases. The rate of positive second instance decisions (8.2%) remains particularly low, albeit slightly higher compared to 2020 (5.2%).
Under Articles 78(3) and 97(2) IPA, appeals shall be rejected as manifestly unfounded where the appellant fails to comply with the obligation to appear in person or to submit a residence certificate before the Appeals Committee. The Ministry of Migration and Asylum states that 1,121 appeals have been rejected on this ground from the entry into force of said provisions until the end of June 2021. The systematic use of this formal rejection ground, coupled with the potential lack of legal aid to appellants, poses a serious obstacle to the enjoyment of the right to an effective remedy.
Notes
[1] Note that the number of applications exempted from the fast-track border procedure was 15,788 in 2017, 21,020 in 2018 and 25,967 in 2019: AIDA, Country Report Greece, 2019 Update, June 2020, 92, available at: https://bit.ly/3zgDoAE.
[2] Note that only 17 Syrian nationals were granted refugee status in the fast-track border procedure.
